The 8th hearing of the retrial of Wan (Van) Metropolitan Municipality Co-mayor Abdullah Zeydan on the charge of "aiding a terrorist organization" started at Diyarbakır 5th Assize Court. Zeydan did not attend the hearing. After Mahsuni Karaman, the lawyer of the case, withdrew from the case, Mehmet Emin Aktar joined the case as a lawyer. Aktar requested a continuance. 

 

The hearing continued with the defence of lawyer Mehmet Emin Aktar. Aktar reacted agianst the court's decision to write a letter to the Provincial Security Directorate for "security" measures. Aktar said, "Without waiting for me to make my defence, you determinde your decision with the letter you gave yesterday. It is my and my client's right to make a defence. This is a requirement of a fair trial. You have violated this by not giving a deadline." 

 

Aktar said, "Your behaviour today violates fair trial and has violated your impartiality. For this reason, I reject the court". Aktar requested the recusal of the judge.

 

The court rejected the request. Aktar said, "If reasonable time is not given, both fair trial and the right to defence will be violated."

 

The court ruled in favour of Abdullah Zeydan on the charge of "knowingly and willingly attempting to aid the terrorist organization" and sentenced 3 years and 9 months imprisonment.

 

WHAT HAPPENED?

 

Wan Metropolitan Municipality Co-Mayor Abdullah Zeydan was arrested after his immunity was lifted as part of the operations against Peoples' Equality and Democracy Party (HDP) MPs on 4 November 2016. Zeydan was charged with "aiding a terrorist organization" and "making propaganda for terrorist organization". The allegation of "aiding a terrorist organization" was based on the allegation that Zeydan had "entered a forbidden area" by participating in a human shield demonstration in Gever (Yüksekova) district of Colemêrg (Hakkari) in 2015. The other charge was based on Zeydan's words "PKK will drown you in its spit" in a speech he made.

 

In the trial held at Diyarbakır 5th High Criminal Court, Zeydan was sentenced to 5 years for "aiding a terrorist organization" for "entering a forbidden zone" and 3 years, 1 month and 15 days for "making propaganda for an illegal organisation through press and broadcasting" for his words "PKK will drown you in its spit".

 

On 26 May 2021, the 16th Criminal Chamber of the Court of Cassation upheld the sentence of 3 years, 1 month and 15 days for "aiding a terrorist organization". However, the other sentence was overturned. The reversal was based on the grounds that no discovery was made to determine whether Zeydan had "entered a forbidden area", and that the verdict had been issued without conducting research on this issue.

 

Zeydan, who spent 5 years and 2 months of his 8 years, 1 month and 15 days in prison in total, was released on 6 January 2022.

 

Following the reversal of the verdict, a retrial started at Diyarbakır 5th High Criminal Court. In line with the Court of Cassation's reversal and upon the request of the lawyers, a discovery was made to determine whether Zeydan was in the forbidden area.

 

The accusation of "entering the forbidden area", which was used as a justification for Zeydan's trial, was refuted by the expert's report. The report found that Zeydan was 13.6 kilometres away from the forbidden zone.

 

The statements of the police station commander, who had previously testified on the allegation of "entering a forbidden area", also coincided with the expert report.